HomeMy WebLinkAboutOrd 5420 03/16/2004
ORDINANCE NO. 5420
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 1 OF THE VILLAGE
CODE TO AUTHORIZE THE VILLLAGE MANAGER TO ACT AS A HEARING
OFFICER TO FULFILL THE VILLAGE'S OBLIGATIONS UNDER THE PUBLIC
SAFETY EMPLOYEE BENEFIT ACT (820 ILCS 320/1 ET SEQ.)
Passed and approved by
the President and Board of Trustees
the 16th day of March, 2004
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 1 ih day of March, 2004
ORDINANCE NO.5 4 2 0
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 1 OF THE VILLAGE CODE
TO AUTHORIZE THE VILLAGE MANAGER TO ACT AS A HEARING OFFICER TO
FULFILL THE VILLAGE'S OBLIGATIONS UNDER THE PUBLIC SAFETY
EMPLOYEE BENEFIT ACT (820 ILCS 320/1 ET SEQ.)
BE IT ORDAINED by the President and Board of Trustees ofthe Village of Mount Prospect,
County of Cook, State of Illinois, in accordance with its Home Rule Powers as set forth in Article
VII Section 6 of the Illinois Constitution (1970):
SECTION 1 - FINDINGS:
A.
In 1997, the Illinois Legislature enacted Public Act 90-535, entitled The Public Safety
Employee Benefit Act (the "Act"), which Act provides for certain benefits to Public Safety
Officers, who suffer catastrophic injuries while engaged in one of the activities specified
under the Act (hereinafter the "qualifying activities"), such as, the officer's responding to
fresh pursuit or the officer or firefighter's response to what is reasonably believed to be an
emergency.
B.
On March 20, 2003, the Illinois Supreme Court in a case, entitled Krohe v. City of
Bloomington, 204 m.2d 392, determined that "catastrophic injuries" under the Act shall
include all injuries which result in a line of duty disability pension.
c.
Fire and Police Pension Boards, as a part ofthe hearing process, determine whether or not a
pension applicant's injury occurred in the line of duty. However, those Pension Boards do
not determine whether or not a duty-related disability also occurred while the applicant was
involved in one ofthe qualifying activities set forth in the Act.
D.
In order to qualify for benefits under the Act, a determination must also be made that the
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applicant was also disabled while engaged in anyone ofthe qualified activities, as specified
under the Act.
E.
It is incumbent upon the Village to create an administrative process, which can and does
provide a final determination as to whether an applicant for benefits under the Act is
qualified to receive them.
F.
It is in the best interest of the public health, safety and welfare that the Village to create an
administrative process that fulfills the purpose ofthe Act.
SECTION 2: Chapter 4, Article I, of the Village Code entitled "Village Manager" is hereby
amended by inserting a new Section 4-105, which shall read as follows:
4-105
Hearing Officer for the Purpose of the Public Employee
Benefits Act (820 ILCS 320/1 et seq.
The Village Manager shall act as a hearing officer under the Public Safety Employee
Benefits Act (820 ILCS 320/1 et seq.). The Manager shall, as hearing officer,
conduct hearings and make determinations as to whether or not any employee of the
Village, who is subject to the Act, is entitled to the benefits provided by that Act.
The decision of the Manager shall be a final administrative determination of the
Village and may be appealed to the Circuit Court under the Administrative Review
Act.
And renumbering the existing 4.15 "Savings Clause" as Section 4.106.
SECTION 3: This Ordinance shall take effect ITom and after its passage and approval in the manner
provided by law. The Village Clerk is hereby directed and ordered to publish this ordinance in
pamphlet form.
PASSED by the President and Board of Trustees of the Village of Mount Prospect,
Cook County, Illinois, this 16 th day of Mar ch , 2004.
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AYES: Corcoran. Hoefert. Lohrstorfer. Skowron. Wilks. Zadel
NAYS: None
ABSENT:
None
March
, 2004.
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Benetit Act.DOC
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